--- title: "Education Act (election parts), RSO 1990, c E.2: full text | voche.me" canonical_url: "https://voche.me/on/ottawa-2026/ontario-election-law/education-act" last_updated: "2026-10-10T04:05:25.951Z" meta: description: "Education Act, RSO 1990, c E.2: the election parts, consolidated from September 22, 2026, with a citation for every section." "og:description": "Education Act, RSO 1990, c E.2: the election parts, consolidated from September 22, 2026, with a citation for every section." "og:title": "Education Act (election parts), RSO 1990, c E.2: full text" "twitter:description": "Education Act, RSO 1990, c E.2: the election parts, consolidated from September 22, 2026, with a citation for every section." "twitter:title": "Education Act (election parts), RSO 1990, c E.2: full text" --- ** ONTARIO ELECTION LAW # Education Act *RSO 1990, c E.2* The election parts of the Act, copied from Ontario e-Laws. The e-Laws document says this consolidation of the Act begins on September 22, 2026, and voche.me copied it on October 5, 2026. Read the text [Official version on Ontario e-Laws (opens in a new tab)](https://www.ontario.ca/laws/statute/90e02) ## How to cite this Act Cite the Act as **Education Act, RSO 1990, c E.2**. Cite a section as **Education Act, RSO 1990, c E.2, s 219**. Every part, division and section has its own address, such as https://voche.me/on/ottawa-2026/ontario-election-law/education-act#section-219, and each section has a button that copies its citation. ## Unofficial copy This is not an official version of the Act. The Legislation Act, 2006 sets out which copies of Ontario statutes are official copies of the law. This page holds Part II.2, District School Boards, and Part VII, Board Members: Qualifications, Resignations and Vacancies. The rest of the Education Act is on Ontario e-Laws. The table of contents and the notes that e-Laws adds under a section about when each amendment came into force are not reproduced here. [The Word document this copy was made from (opens in a new tab)](https://www.ontario.ca/laws/docs/90e02_e.doc) · [All statutes on voche.me](https://voche.me/on/ottawa-2026/ontario-election-law) ## PART II.2 DISTRICT SCHOOL BOARDS ### Section 58.1: Regulations: district school boards 58.1 (1) In this section, “English-language instruction” means instruction in the English language or in American Sign Language and includes instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); (“enseignement en anglais”) “French-language instruction” means instruction in the French language or in Quebec Sign Language but does not include instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); (“enseignement en français”) “school” does not include a school under the jurisdiction of a school authority or an educational institution operated by the Government of Ontario. (“école”) 1997, c. 31, s. 32. Same (2) The Lieutenant Governor in Council may make regulations providing for, (a) the establishment of, (i) English-language public district school boards, to govern the provision of elementary and secondary English-language instruction in schools other than Roman Catholic separate schools, (ii) English-language separate district school boards, to govern the provision of elementary and secondary English-language instruction in Roman Catholic separate schools, (iii) French-language public district school boards, to govern the provision of elementary and secondary French-language instruction in schools other than Roman Catholic separate schools, and (iv) French-language separate district school boards, to govern the provision of elementary and secondary French-language instruction in Roman Catholic separate schools; (b) the establishment of the areas of jurisdiction of district school boards; (c) the assignment of names to district school boards; (d) the alteration of the area of jurisdiction of a district school board; (e) the dissolution of a district school board; (f) the dissolution of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board; (g), (h) REPEALED: 2009, c. 25, s. 8 (1). (i) the amalgamation or merger of one or more school authorities with a district school board to continue as a district school board; (j) the amalgamation or merger of two or more district school boards to continue as a district school board; (k) representation on and elections to district school boards, including but not limited to regulations providing for, (i) the number of members of each district school board or the determination of the number, (ii) the establishment, for electoral purposes, of geographic areas within the areas of jurisdiction of district school boards, (iii) the distribution of the members of a district school board to the geographic areas referred to in subclause (ii), (iv) appeals to any person or body relating to anything done under a regulation made under subclause (i), (ii) or (iii), (v) nomination procedures for the election of members of district school boards, (vi) the duties to be performed by municipal clerks, officials of district school boards and others in respect of any matter relating to representation on or elections to district school boards, (vii) REPEALED: 2009, c. 25, s. 8 (3). (viii) REPEALED: 2026, c. 4, Sched. 2, s. 6 (2). (l) the holding in trust, transfer and vesting of assets, including but not limited to real and personal property, the transfer of liabilities and the transfer of employees among district school boards or school authorities or both, in connection with, (i) the establishment, continuation or dissolution of a district school board, (ii) the dissolution of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board, or (iii) the merger or amalgamation of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board with the district school board; (m) the deeming, for any purpose, including but not limited to purposes related to elections and taxation, of any territory without municipal organization that is within the area of jurisdiction of a district school board, (i) to be a district municipality, unless and until the territory becomes or is included in a municipality, or (ii) to be attached to a municipality, unless and until the territory becomes or is included in a municipality; (n) the recovery of some or all of the costs incurred by a district school board in meeting any requirements under this section relating to elections in territory without municipal organization or elections to a school authority; (o) the conduct of elections to a school authority the area of jurisdiction of which is entirely or partly the same as the area of jurisdiction of a district school board; (p), (q) REPEALED: 2009, c. 25, s. 8 (4). (r) such other matters, including transitional matters, that the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment, merger, amalgamation, continuation or dissolution of one or more boards under this section, or with the alteration of the area of jurisdiction of a board under this section, including but not limited to transitional matters relating to, (i) representation, by election or appointment, on a board pending the next regular elections, (ii) the rights of pupils to continue to attend schools that they were enrolled in and entitled to attend immediately before the establishment, merger, amalgamation, continuation, dissolution or alteration. 1997, c. 31, s. 32; 2002, c. 18, Sched. G, s. 6 (1); 2009, c. 25, s. 8 (1-4); 2026, c. 4, Sched. 2, s. 6 (1, 2). Provisions in regulations: effect for electoral purposes (3) A regulation made under subsection (2) may provide that it shall be deemed to have come into force and taken effect on the day of filing or at such earlier or later time as is stated in the regulation, for any purpose related to representation on or elections to a district school board or school authority. 1997, c. 31, s. 32. Same (4) Subsection (3) applies only to the extent necessary to permit the next regular election after the regulation is made, or any by-election preceding that next regular election, to be held in a way that takes account of the provisions of the regulation. 1997, c. 31, s. 32. Regulations: school outside jurisdiction of a board to be school of the board (5) The Lieutenant Governor in Council may make regulations providing that a school described in subsection (6) that is outside the area of jurisdiction of a district school board is a school of the district school board. 1997, c. 31, s. 32. Same (6) Subsection (5) applies only to schools to which section 101 of this Act, as it read on December 31, 1997, applied. 1997, c. 31, s. 32. Purpose of clauses (2) (d), (e) (7) The purpose of clauses (2) (d) and (e) is to provide authority to the Lieutenant Governor in Council to make changes in the jurisdiction of boards on a case by case basis. 1997, c. 31, s. 32. Limitation re clauses (2) (d), (e) (8) A regulation shall not be made under clause (2) (d) or (e) if an area that, immediately before the regulation takes effect, was within the area of jurisdiction of a board would, immediately after the regulation takes effect, not be within the area of jurisdiction of a board. 1997, c. 31, s. 32. Subdelegation (9) In a regulation under subclauses (2) (k) (i) to (iii), the Lieutenant Governor in Council may delegate to a person or body the authority to provide for anything relating to the matters mentioned in subclauses (2) (k) (i) to (iii), subject to such conditions and restrictions as are specified in the regulation. 1997, c. 31, s. 32. Number of members on a district school board (10) A regulation under subclause (2) (k) (i) shall not provide for a number of members of a district school board that is less than 5 or more than 12. 2026, c. 4, Sched. 2, s. 6 (3). Same (11) The numbers referred to in subsection (10) do not include any person elected or appointed to a district school board under section 188, a student trustee or the director of education of an English-language district school board. 2026, c. 4, Sched. 2, s. 6 (3). Geographic areas (12) A geographic area established under subclause (2) (k) (ii) for a district school board may, (a) be the same as or less than the entire area of jurisdiction of the district school board; (b) include areas within the area of jurisdiction of the district school board that do not adjoin one another; and (c) consist of, (i) all or part of one or more municipalities, or (ii) territory without municipal organization, or both. 1997, c. 31, s. 32. Same (13) A person who establishes a geographic area under a regulation made under subclause (2) (k) (ii) shall have regard to any relevant submissions made by any person. 1997, c. 31, s. 32. (13.1) REPEALED: 2009, c. 33, Sched. 2, s. 25 (1). Purpose of clause (2) (l) (14) The purpose of clause (2) (l) is to provide authority to the Lieutenant Governor in Council to resolve questions relating to assets, liabilities and employees that arise in connection with any changes in the jurisdiction of boards that may be made on a case by case basis. 1997, c. 31, s. 32. Limitation (15) The Lieutenant Governor in Council has no authority under clause (2) (l) to transfer employees of a public board to a Roman Catholic board or to transfer employees of a Roman Catholic board to a public board. 1997, c. 31, s. 32. Exception (16) The limitation provided in subsection (15) does not apply in relation to the transfer of an employee between two boards if, (a) both boards agree that the limitation should not apply in respect of the transfer; and (b) the Minister approves the agreement referred to in clause (a). 1997, c. 31, s. 32. Transfers among district school boards and school authorities (17) Without limiting the generality of clause (2) (l), a regulation under that clause may provide for, (a) processes to permit participation by classes of persons or bodies specified in the regulation in decision-making processes related to anything done under clause (2) (l); (b) processes for the resolution of disputes among classes of persons or bodies specified in the regulation; (c) the continuation of legal and other proceedings commenced by or against a district school board or school authority affected by anything done under clause (2) (l) and the enforcement of court orders and other orders or determinations relating to such a district school board or school authority; (d) deadlines for complying with any provision of the regulation; and (e) any other matter that the Lieutenant Governor in Council considers advisable in order to achieve an efficient and fair transfer of assets, liabilities and employees among the affected district school boards and school authorities. 1997, c. 31, s. 32. Dispute (18) Without limiting the generality of clause (17) (b), a regulation providing for a matter referred to in that clause may provide for disputes as to the disposition of property to be referred to an arbitrator selected by the Minister. 1997, c. 31, s. 32. Same (19) Where a dispute is referred to an arbitrator as described in subsection (18), the arbitrator shall determine the matters in dispute and the decision of the arbitrator is final. 1997, c. 31, s. 32. Clause (17) (c) (20) Without limiting the generality of clause (17) (c), a regulation providing for a matter referred to in that clause, (a) may substitute or add persons as parties to a proceeding continued under the clause; and (b) may substitute or add persons against which or by which an order or determination referred to in the clause may be enforced. 1997, c. 31, s. 32. Employees (21) The following rules apply where an employee is transferred under a regulation made under clause (2) (l): 1\. A person who is an employee of a board on the day the regulation transferring the employee to another board is made and who would, but for that regulation, still be an employee of the transferor board on the day the regulation is to take effect is an employee of the transferee board referred to in the regulation on the day the regulation is to take effect. 2\. A person’s employment shall be deemed not to have been terminated for any purpose by anything done under this Part. 1997, c. 31, s. 32. Tax exemption (22) Taxes are not payable under the Land Transfer Tax Act or the Retail Sales Tax Act with respect to a holding in trust, transfer or vesting under clause (2) (l). 1997, c. 31, s. 32. Transfer not a closing (23) A transfer of a school under clause (2) (l) is not a closing of the school. 1997, c. 31, s. 32. No compensation (24) Except as provided in the regulations made under clause (2) (l), no compensation or damages are payable in connection with anything done under clause (2) (l). 1997, c. 31, s. 32. Powers of board if regulation made under subclause (2) (m) (i) (25) Where a board includes within its area of jurisdiction territory without municipal organization that is deemed under clause (2) (m) to be a district municipality for the purposes of elections, the officers appointed by the board have all the same powers and duties with respect to elections of members of the board in that territory as similar officers have in a municipality with respect to similar elections. 1997, c. 31, s. 32. Powers of municipality if regulation made under subclause (2) (m) (ii) (26) Where a board includes within its area of jurisdiction territory without municipal organization that is deemed under clause (2) (m) to be attached to a municipality for the purposes of elections, the officers of the municipality have all the same powers and duties with respect to elections of members of the board in that territory as with respect to such elections in any part of the area of jurisdiction of the board that is within the municipality. 1997, c. 31, s. 32. Deemed district municipality (27) In addition to any area prescribed under subclause (2) (m) (i), an area that satisfies the following conditions shall be deemed to be a district municipality for the purposes of clause 257.12 (3) (a) from January 1, 1998 until it becomes or is included in a municipality or is deemed to be a district municipality by a regulation made under clause (2) (m): 1\. The area is without municipal organization. 2\. As of December 31, 1997, the area was deemed to be a district municipality under subsection 54 (2), as it read on that day. 3\. The area is under the jurisdiction of a district school board. 2002, c. 18, Sched. G, s. 6 (5). Deemed separate district municipalities (28) Despite subsection (27), the part, if any, of an area described in subsection (27) that is in a separate school zone shall be deemed to be a discrete district municipality. 2002, c. 18, Sched. G, s. 6 (5). ### Section 58.2: Repealed or omitted 58.2 REPEALED: 2009, c. 25, s. 9. ### Section 58.3: Repealed or omitted 58.3 REPEALED: 2009, c. 25, s. 9. ### Section 58.4: General or particular 58.4 (1) A regulation made under section 58.1 may be general or particular. 2009, c. 25, s. 10 (1). Classes (2) A class under section 58.1 may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes. 1997, c. 31, s. 32; 2009, c. 25, s. 10 (2). ### Section 58.5: Corporate status 58.5 (1) Every district school board is a corporation and has all the powers and shall perform all the duties that are conferred or imposed on it under this or any other Act. 1997, c. 31, s. 32. Amalgamation or merger (2) Subsection (3) applies where, (a) REPEALED: 2009, c. 25, s. 11. (b) one or more school authorities are merged or amalgamated with a district school board to continue as a district school board; or (c) two or more district school boards are merged or amalgamated to continue as a district school board. 1997, c. 31, s. 32; 2009, c. 25, s. 11. Same (3) The district school board that is continued is a corporation and, except as otherwise provided by the regulations made under this Part, subsection 180 (7) of the Business Corporations Act applies with necessary modifications as if the board had been continued under that Act. 1997, c. 31, s. 32. ### Section 58.6: District school boards deemed to be local boards 58.6 A district school board shall be deemed to be a local board and a school board for the purposes of the Municipal Elections Act, 1996. 1997, c. 31, s. 32. ### Section 58.7: Conduct of elections 58.7 The election of members of a district school board shall be conducted in the same manner as the election of members of the council of a municipality. 2016, c. 15, s. 73 (1); 2021, c. 34, Sched. 8, s. 1. ### Section 58.8: Electors for French-language district school boards 58.8 (1) Subject to section 58.9, a person is qualified to be an elector for a French-language district school board if the person is entitled under subsection 1 (10) to vote in the area of jurisdiction of the board and, (a) the person is a French-language district school board supporter; (b) the person is entered on a preliminary list under section 54 in respect of a French-language separate district school board; or (c) the person is entered on a preliminary list under section 50.1 in respect of a French-language public district school board. 1997, c. 31, s. 32. Same (2) A person qualified to be an elector for a French-language district school board may not vote for members of an English-language district school board. 1997, c. 31, s. 32. ### Section 58.9: Entitlement to vote: general 58.9 (1) The members of a district school board to be elected for a geographic area established under section 58.1 shall be elected by general vote of the electors qualified to vote in the geographic area for the members of that district school board. 1997, c. 31, s. 32. Entitlement to vote: English-language public district school boards (2) The members of an English-language public district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who, (a) are not qualified under subsection 58.8 (1) to be electors for a French-language district school board; and (b) are not separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32. Entitlement to vote: English-language separate district school boards (3) The members of an English-language separate district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who, (a) are not qualified under subsection 58.8 (1) to be electors for a French-language district school board; and (b) are separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32. Entitlement to vote: French-language public district school boards (4) The members of a French-language public district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who, (a) are qualified under subsection 58.8 (1) to be electors for a French-language district school board; and (b) are not separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32. Entitlement to vote: French-language separate district school boards (5) The members of a French-language separate district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who, (a) are qualified under subsection 58.8 (1) to be electors for a French-language district school board; and (b) are separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32. ## PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES ### Section 219: Qualifications of members 219 (1) A person is qualified to be elected as a member of a district school board or school authority if the person is qualified to vote for members of that district school board or that school authority and is resident in its area of jurisdiction. 1997, c. 31, s. 112. Same (2) A person who is qualified under subsection (1) to be elected as a member of a district school board or school authority is qualified to be elected as a member of that district school board or school authority for any geographic area in the district school board’s or school authority’s area of jurisdiction, regardless of which positions on that district school board or school authority the person may be qualified to vote for. 1997, c. 31, s. 112. Eligibility for re-election (3) A member of a district school board or school authority is eligible for re-election if otherwise qualified. 1997, c. 31, s. 112. Disqualifications (4) Despite subsection (1), a person is not qualified to be elected or to act as a member of a district school board or school authority if the person is, (a) an employee of a district school board or school authority; (b) REPEALED: 2002, c. 18, Sched. G, s. 9 (1). (c) the clerk or treasurer or deputy clerk or deputy treasurer of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board or the school authority; (d) a member of the Assembly or of the Senate or House of Commons of Canada; or (e) otherwise ineligible or disqualified under this or any other Act. 1997, c. 31, s. 112; 1999, c. 6, s. 20 (5); 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. G, s. 9 (1). Leave of absence (5) Despite subsection (4), none of the following persons is ineligible to be a candidate for or to be elected as a member of a district school board or school authority if he or she takes an unpaid leave of absence, beginning no later than the day the person is nominated and ending on voting day: 1\. An employee of a district school board or school authority. 2\. The clerk, treasurer, deputy clerk or deputy treasurer of a municipality or upper-tier municipality, all or part of which is included in the area of jurisdiction of a district school board or school authority. 2002, c. 18, Sched. G, s. 9 (2). Same (5.1) Subsections 30 (2) to (7) of the Municipal Elections Act, 1996 apply with necessary modifications to an individual referred to in subsection (5). 2002, c. 18, Sched. G, s. 9 (2). (6) REPEALED: 2002, c. 17, Sched. D, s. 37. Disqualification: district school board by-elections (7) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a district school board if the person is, (a) a member of any other district school board, except the Centre Jules-Léger Consortium; (b) a member of a school authority; (c) a member of the council of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board; or (d) an elected member of a local board, as defined in the Municipal Affairs Act, of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board, and the person’s term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other district school board, with the secretary of the school authority or with the clerk of the municipality or upper-tier municipality, as the case may be. 1997, c. 31, s. 112; 2002, c. 17, Sched. F, Table; 2017, c. 34, Sched. 12, s. 3. Disqualification: school authority by-elections (8) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a school authority if the person is, (a) a member of any other school authority; (b) a member of a district school board; (c) a member of the council of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the school authority; or (d) an elected member of a local board, as defined in the Municipal Affairs Act, of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the school authority, and the person’s term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other school authority, with the secretary of the district school board or with the clerk of the municipality or upper-tier municipality, as the case may be. 1997, c. 31, s. 112; 2002, c. 17, Sched. F, Table. Qualification to act as a member (9) A person is not qualified to act as a member of a district school board or school authority if the person ceases to hold the qualifications required to be elected as a member of the district school board or the school authority. 1997, c. 31, s. 112. Person not to be candidate for more than one seat (10) No person shall run as a candidate for more than one seat on a district school board or school authority and any person who does so and is elected to hold one or more seats on the district school board or the school authority is not entitled to act as a member of the district school board or the school authority by reason of the election. 1997, c. 31, s. 112. Vacancy where member disqualified (11) The seat of a member of a district school board or school authority who is not qualified or entitled to act as a member of that district school board or that school authority is vacated. 1997, c. 31, s. 112. ### Section 220: Members to remain in office 220 (1) The members of a board shall remain in office until their successors are elected and the new board is organized. 1997, c. 31, s. 112. Board not to cease for want of members (2) A board does not cease to exist by reason only of the lack of members. 1997, c. 31, s. 112. Resignation of members (3) A member of a board, with the consent of a majority of the members present at a meeting, entered on the minutes of it, may resign as a member, but he or she shall not vote on a motion as to his or her own resignation and may not resign as a member if the resignation will reduce the number of members of the board to less than a quorum. 1997, c. 31, s. 112. Resignation to become candidate for some other office (4) Despite subsection (3), where it is necessary for a member of a board to resign to become a candidate for some other office, the member may resign by filing his or her resignation, including a statement that the resignation is for the purpose of becoming a candidate for some other office, with the secretary of the board and the resignation shall become effective on November 30 after it is filed or on the day preceding the day on which the term of the office commences, whichever is the earlier. 1997, c. 31, s. 112. ### Section 221: Vacancies 221 (1) Subject to section 224, if the office of a member of a board becomes vacant before the end of the member’s term, (a) the remaining elected members shall appoint a qualified person to fill the vacancy within 90 days after the office becomes vacant, if a majority of the elected members remain in office; or (b) a by-election shall be held to fill the vacancy, in the same manner as an election of the board, if a majority of the elected members do not remain in office. 1997, c. 31, s. 112; 2009, c. 25, s. 26. Optional election (2) Despite clause (1) (a), if members of the board are elected under the Municipal Elections Act, 1996, the remaining elected members may by resolution require that an election be held in accordance with that Act to fill the vacancy if the vacancy occurs, (a) in a year in which no regular election is held under that Act; (b) before April 1 in the year of a regular election; or (c) after the new board is organized in the year of a regular election. 2002, c. 18, Sched. G, s. 10. Same (3) The secretary of the board shall promptly send to the clerk of the appropriate municipality a certified copy of the resolution under subsection (2). 1997, c. 31, s. 112. Notice re clause (1) (b) (4) Where clause (1) (b) applies, the secretary of the board shall promptly send to the clerk of the appropriate municipality a notice that clause (1) (b) applies and the notice shall be deemed to be a resolution indicating a by-election is required for the purposes of section 65 of the Municipal Elections Act, 1996. 1997, c. 31, s. 112. Term of office (5) A member appointed or elected to fill a vacancy shall hold office for the remainder of the term of the member who vacated the office. 1997, c. 31, s. 112. ### Section 222: Elections for three member boards 222 (1) If an election is required to fill a vacancy on a board that is composed of three members and there are fewer than two remaining members of the board, a meeting of the electors may be called by any two electors of the board or by the appropriate supervisory officer. 1997, c. 31, s. 112. Time of meeting (2) The meeting shall take place within 60 days of the date on which the last office became vacant. 1997, c. 31, s. 112. Notice of meeting (3) At least six days before the meeting, the person or persons calling the meeting shall post a notice of the meeting in at least three public places within the area of jurisdiction of the board. 1997, c. 31, s. 112. Election at meeting (4) The electors at the meeting shall elect the required number of board members to fill the vacancies. 1997, c. 31, s. 112. ### Section 223: Vacancy in rural separate school board before incorporation 223 (1) If a vacancy occurs in the office of a member of the board of a rural separate school before the board members become a body corporate, the remaining board members shall promptly take steps to hold a by-election to fill the vacancy, and the person elected shall hold office for the remainder of the term of the board member who vacated the office. 1997, c. 31, s. 112. Manner of election (2) The by-election shall be conducted in the same manner as an election of the whole board. 1997, c. 31, s. 112. ### Section 224: Vacancies near election times 224 Where a vacancy occurs on a board, (a) within one month before the next election, it shall not be filled; or (b) after the election, but before the new board is organized, it shall be filled immediately after the new board is organized in the same manner as for a vacancy that occurs after the board is organized. 1997, c. 31, s. 112. ### Section 225: Election to fill vacancy 225 (1) Where an election is required to fill a vacancy on a board that is composed of more than three members and whose elections are not conducted under the Municipal Elections Act, 1996, the nomination shall be held on the third Monday following the day on which the office becomes vacant and the polling shall be held on the second Monday following the day of nomination, and the nomination and polling shall be held in the same manner and at the same times as for the office that became vacant. 1997, c. 31, s. 112. Extension of time limits (2) The remaining members of the board may extend the time for the nomination and the polling under subsection (1), but the polling shall be held no later than 60 days after the office becomes vacant. 1997, c. 31, s. 112. ### Section 226: Appointment of board members on failure of qualified person 226 (1) Where the appropriate supervisory officer reports that no qualified persons or an insufficient number of qualified persons are available or that the electors have failed to elect a sufficient number of members of a district school area board to form a quorum, the Minister may appoint as members of the board such persons as the Minister may consider proper, and the persons so appointed have, during the term of such appointment, all the authority of board members as though they were eligible and duly elected according to this Act. 1997, c. 31, s. 112. Interim administration pending by-elections (2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act, 1996 and no election can be held under that Act, the Minister may by order provide for the fulfilling of the duties and obligations of the board until such time as an election is held in accordance with the Municipal Elections Act, 1996 and the members so elected have taken office. 1997, c. 31, s. 112. ### Section 227: Tie vote 227 If two or more candidates receive an equal number of votes at a meeting held under clause 221 (1) (a) to appoint a person to fill a vacancy or at a meeting to elect a person to fill a vacancy, the chair of the meeting shall provide for the drawing of lots to determine which of the candidates shall be appointed or elected. 1997, c. 31, s. 112. Seat vacated by conviction, absence etc. ### Section 228: Repealed or omitted 228 (1) A member of a board vacates his or her seat if he or she, (a) is convicted of an indictable offence; (b) absents himself or herself without being authorized by resolution entered in the minutes, from three consecutive regular meetings of the board; (c) ceases to hold the qualifications required to act as a member of the board; (d) becomes disqualified under subsection 219 (4); or (e) fails to be physically present as required by the regulations made under clause 208.1 (1) (b). 1997, c. 31, s. 112; 2020, c. 7, Sched. 9, s. 2. Exception: conviction (2) Despite subsection (1), where a member of a board is convicted of an indictable offence, the vacancy shall not be filled until the time for taking any appeal that may be taken from the conviction has elapsed, or until the final determination of any appeal so taken, and in the event of the quashing of the conviction the seat shall be deemed not to have been vacated. 1997, c. 31, s. 112. Exception: pregnancy or parental leave (2.1) Clause (1) (b) does not apply to vacate the office of a member of a board who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 2017, c. 10, Sched. 4, s. 3 (2). Filling of vacancies (3) Where a seat becomes vacant under this section, the provisions of this Act with respect to the filling of vacancies apply. 1997, c. 31, s. 112. ### Section 229: Repealed or omitted 229 REPEALED: 2020, c. 7, Sched. 9, s. 3. ## Notices from the King’s Printer for Ontario © King's Printer for Ontario, 1990 The King’s Printer for Ontario permits anyone to reproduce the text of its statutes without permission and without charge, if the copy is accurate, acknowledges Crown copyright and says it is not an official version. [Copyright terms on ontario.ca (opens in a new tab)](https://www.ontario.ca/page/copyright-information) This is not an official version of the Act. The Legislation Act, 2006 sets out which copies of Ontario statutes are official copies of the law. ## Sitemap See the full [sitemap](/on/ottawa-2026/sitemap.md) for all pages.